---
kind: "section"
citation: "40 C.F.R. § 63.11640"
title: "40"
number: "63.11640"
heading: "Am I subject to this subpart?"
url: "https://uscodex.org/cfr/40/63.11640"
---

# §63.11640. Am I subject to this subpart?

- (a) You are subject to this subpart if you own or operate a gold mine ore processing and production facility as defined in [§ 63.11651](/cfr/40/63.11651.md), that is an area source.
- (b) This subpart applies to each new or existing affected source. The affected sources are each collection of “ore pretreatment processes” at a gold mine ore processing and production facility, each collection of “carbon processes with mercury retorts” at a gold mine ore processing and production facility, each collection of “carbon processes without mercury retorts” at a gold mine ore processing and production facility, and each collection of “non-carbon concentrate processes” at a gold mine ore processing and production facility, as defined in [§ 63.11651](/cfr/40/63.11651.md).
  - (1) An affected source is existing if you commenced construction or reconstruction of the affected source on or before April 28, 2010.
  - (2) An affected source is new if you commenced construction or reconstruction of the affected source after April 28, 2010.
- (c) This subpart does not apply to research and development facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).
- (d) If you own or operate a source subject to this subpart, you must have or you must obtain a permit under 40 CFR part [70](/cfr/40/part70.md) or [40](/cfr/40/part40.md) CFR [part 71](/cfr/40/part71.md).

## Notes

### Source

Source: 76 FR 9480, Feb. 17, 2011, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401 et seq.

### Source

Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.